Making an Uninsured-Driver Coverage Claim

by | Sep 19, 2015 | Attorney

People who are injured in a car accident may face an unpleasant surprise: the liable party may not have any insurance. This is not be a problem if the injured party has uninsured-motorists (UM) coverage. It is always a good idea to have coverage to protect yourself, and UM pays one’s medical bills and other losses if the at-fault driver is not covered. UM coverage is necessary because most people cannot pay out-of-pocket for your damages.

It is always best to consult an experienced attorney like those at the firm of Dulaney, Lauer & Thomas LLP about an uninsured-driver coverage claim. The lawyer always performs an asset check before filing a lawsuit. Why sue the driver if they do not have the money to pay for damages? Even if you win the lawsuit, the judge may allow the defendant to make installment payments, so it is a much better choice to file a UM claim, which should be filed right away because there is often a time limit. UM provides coverage if one is hit by an uninsured driver in different situations, including:

  • When the insured person is driving someone else’s car.
  • When a relative is driving your car.
  • When anyone is driving the insured’s car with permission.

Consumers may not be pleased if they file an uninsured-driver coverage claim, because the claim is handled by the insured’s insurance company and, interestingly, they investigate the claim and injuries as if their insured were the liable party. The attorney prepares a demand package for the insurance company just like in other claims. The parties negotiate and attempt to reach a settlement. It is not unusual for UM claims to end up as bad faith claims.

Uninsured-motorists coverage can also be used as under-insured coverage, which kicks in if the liable party’s policy limits are less than the amount of damages. The insured’s UM coverage can be used to bridge the gap. This scenario happens frequently if the driver or passengers are seriously injured. Speak to your insurance agent about UM coverage because it is one of the best optional coverages to have.

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